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Transfer of undertakings: not covered by Transfer Regulations

This report relates to 1 case(s)

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    Addison and others v Denholm Ship Management (UK) Ltd and others [1997] IRLR 389 EAT (0 other reports)

The EC Business Transfers Directive and the Transfer of Undertakings Regulations do not extend territorially to cover the transfer of "flotels" servicing oil and gas installations situated in the UK sector of the North Sea continental shelf, holds the EAT in Addison and others v Denholm Ship Management (UK) Ltd and others [1997] IRLR 389. In any event, flotels are properly defined as "ships", and they and their crews are consequently excluded from the protection of the Regulations. Those crews may, however, enjoy the protection of UK general employment protection legislation, subject to the question of the location of their employer's operational base.